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Padilla v. Commonwealth of Kentucky , 559 U.S. 356 (2010), is a case in which the United States Supreme Court decided that criminal defense attorneys must advise noncitizen clients about the deportation risks of a guilty plea .
Case name Citation Date decided Hemi Group, LLC v. City of New York: 559 U.S. 1: 2010: Briscoe v. Virginia: 559 U.S. 32: 2010: Wilkins v. Gaddy: 559 U.S. 34
Case name and citation Argued Decided Roberts Stevens Scalia Kennedy Thomas Ginsburg ... Padilla v. Kentucky, 559 U.S. 356: October 13, 2009: March 31, 2010: 38
The Court's decision in Padilla v. Kentucky, holding that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already final on direct review (that is, non-habeas appeals). Marx v. General Revenue Corp. 11-1175: 2013-02-26
Padilla v. Kentucky, 559 U.S. 356 (2010) Criminal defense attorneys are duty-bound to inform clients of the risk of deportation under three circumstances. First, where the law is unambiguous, attorneys must advise their criminal clients that deportation "will" result from a conviction.
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Citation Issues Joined by Other opinions Bobby v. Van Hook: 558 U.S. 4 (2009) Sixth Amendment • ineffective assistance of counsel: ... Padilla v. Kentucky:
Constitutional law of the United States; Overview; Articles; Amendments; History; Judicial review; Principles; Separation of powers; Individual rights; Rule of law